Ms 






FISHERIE;^ in ALASKA. 



HEARINGS 



BEFORE THE 



COMMITTEE ON THE TERRITORIES 



HOUSE OF REPRESENTATIVES. 



FEBRUARY 16, 1906. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE, 

1906. 



(OJ-k^j 



s 


I 

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^ FISHERIES IN ALASKA. 



Committee on Territories, 

House or Representatives, 

Friday^ Fehruary 16^ 1906. 
The Chairman. We will iDroeeed with the hearino; on House bill 
13543, introduced by Mr. Cushnian, for the protection of the fisheries 
of Alaska. 

STATEMENT OF HON. FRANCIS W. CUSHMAN. 

Mr. CusHMAN. Mr. Chairman, I have no purpose to make any ex- 
tended statement in regard to the details of the provisicHi of this bill 
H. E. 13543. but I may say that this bill in general reenacts many 
provisions of existing law in reference to the fisheries in Alaska and 
adds thereto some new and comprehensive provisions regarding the 
fisheries in Alaska. I would like, with the consent of the committee, 
to introduce this morning and have statements made by a number of 
gentlemen wdio are here from the Department of Commerce and Labor 
and the Bureau of Fisheries, which is under that Department, and 
who are more familiar wdth this subject than I am. I will first call 
upon Mr. Evermann. 

The Chair:man. Will you indicate, or have some one else indicate, 
where your bill proposes to enact new provisions? 

Mr. CusH^iAN. Certainly : that is the idea of this hearing, and that 
point will be clearly explained as this hearing proceeds. 

STATEMENT OF MR. BARTON W. EVERMANN. 

Mr. CusHMAN. What is your official position ? 

Mr. Evermann. I have charge of the division of scientific inquiry 
in the Bureau of Fisheries. 

Mr. CusHMAN. Under the Department of Commerce and Labor? 

Mr. Evermann. Yes, sir. 

Mr. CusHMAN. 'Are you familiar with the law as it now exists 
covering fisheries in the waters of Alaska ? 

Mr. Evermann. I haA^e some acquaintance with it. 

Mr. CusHMAN. Please proceed and state to the committee, briefly, 
the substance of the law as it now exists in relation to the fisheries in 
the waters of Alaska, and also the proposed changes Avhich this pend- 
ing bill, if enacted into laAV, would make in the law as it now exists. 

Mr. Evermann. I think, perhaps, the best w^ay to get at the matter 
would be to take the sections of this bill in connection with each sec- 
tion of the law as it now exists and consider them together. The 
first part of section 1 of this bill is the same as existing law. 

3 



4 FISHERIES IN ALASKA. 

Mr. Powers. Is there any change ? 

Mr. EvERMANN. I could not say but there uvay be some verbal 
changes ; none of importance, however. 

Mr. CusHMAN. In the latter j^art of this section, where it provides 
for the return of salmon fry to the water by packers, etc., does this 
bill provide, the same as the existing law does, for exemption from 
taxation in jiroportion to the amount of salmon fry returned to the 
water ? 

Mr. EvER:\rANN. Starting in with the words '"Provided, however^ 
in line 14, j^age 1, there is some slight change in the wording, but the 
exemption is the same. Under existing requirements each salmon- 
canning company is required to maintain a hatchery in Alaska and 
return to the streams 10 red salmon fry for each salmon canned or 
utilized in any way. The enforcement of that provision has been 
found to be impracticable. The regulation has not been enforced and 
it is impossible to enforce it. Everyone acquainted with the subject, 
the cannery men, tlie Bureau of Fisheries, and the agents who have 
been up there from year to year, all agree that it is impossible to en- 
force the provisions of the regulation in that respect. 

Mr. CusHMAN. State the reasons briefly. 

Mr. EvERMANN. The streams in southeast Alaska which carry red 
salmon are few in number. Many companies can few red salmon, 
and some can cheaper species, such as the humpbacked salmon ancl 
the dog salmon. These fisheries are located in places where the red 
salmon do not go and where spawning red salmon can not possibly be 
obtained. Three or four companies may fish off the mouth of the 
same stream for red salmon, ancl it would be impossible for three or 
four companies to put three or four different hatcheries on that 
stream and o])erate them to any advantage. The provision will 
amount to the same thing as in the existing regulation. It will ex- 
empt the companies from the tax on the salmon canned in proportion 
to the number of red salmon fry which they return to the waters, 
counting 10 fry for each adult salmon utilized. 

The second provision of that section is new. There is no such 
regulation existing proAdding for the efficiency of such hatcheries. 
It was thought best that the Department should keep in touch with 
each hatchery to determine whether it was efficient or not and whether 
they were returning to the waters as many red salmon as the super- 
intendent employed by the company stated they were. 

Section 2 is entirely new. Under existing regulations no provision 
is made for the disposition of the revenue derived from the tax to 
be applied to the fisheries. More than a million dollars have been 
collected from the salmon tax, but not until last year was one cent 
applied to the maintenance of the fisheries. Last year Congress ap- 
propriated $50,000 for one fishery in Alaska. That was the first step 
in that direction. This section contemplates the establishment of a 
fund, which shall be dra^vn upon from time to time as occasion may 
require for the construction of additional hatcheries at these salmon 
fisheries. It is not believed that the fish industry can go on in a way 
which will insure permanency without applying some sort of intel- 
ligent control. So section 2 is meant to cover that point. 

Mr. CusHMAN. That section is really drawn not only in the inter- 
est of the Government for the maintenance of salmon in Alaskan 
waters, but also is in the interest of Alaskan fishermen in giving 



FISHERIES IN ALASKA. 

them the benefit of the tax which they pay and which is to be turned 
directly back for the maintenance of the supply of fish in the waters 
of Alaska? 

Mr. E VERM ANN. Yes, sir. The first proviso has been suggested by 
the canning interest. 

Section 3 is in general the same as existing law. The wording is 
essentially the same, and there is no change in the purpose of the 
section. 

Section 4 is the same as existing law, but it is more clearly defined. 
The present regulations are more or less ambiguous, so that it is diffi- 
cult for a fisherman to determine whether he is fishing legally or not. 
This defines what shall be the legal fishing limits. 

As to the erection of dams and fishing traps, that is in the present 
regulations. Under existing law it is difficult to tell where the mouth 
of a stream is. It is left to the foreman, and his opinion would 
vary from time to time and be modified by the run of fish. This 
makes it possible to determine exactly, for the purposes of this act, 
v^'hat shall be regarded as the mouth of a stream. It is the purpose 
to prevent fishing in such places as those where it would be possible 
for a seine to catch practically all the fish coming in. 

Mr. CusHMAN. Referring to the first portion of section 4 of this 
bill, in relation to the " placing of any dam, barricade, fish wheel, 
or other obstruction in any of the waters of Alaska above mean low 
tide," what is the existing law in relation to the placing of obstruc- 
tions? 

Mr. EvERMAXN. It is esseiTtially the same on that point. Section .5 
is the same as existing law Avith slight modifications and some changes 
in the species which are mentioned. The old law is ambiguous and 
not satisfactory, because it not only prevented fishing for, but it pro- 
tected the fish known as the Dolly Varden trout. Everyc^ie knows 
that they are a very objectionable species in the fact that they devour 
the eggs of better fish. It is one of the worst enemies of the useful 
salmon, and this section is so drawn as not to protect that species of 
fish. 

In line 7, " any river less than 500 feet in width " is new% and is in- 
tended to prevent that high destructiveness which is possible in nar- 
row channels. These narrow channels are as bad as rivers. " Or after 
January 1. 1907, in the waters of Wood River." The purpose of this 
is to give the canners one year leeway regarding Wood River, but. 
after that to close that stream. It is one of the important streams in 
which salmon in Bristol Bay run. 

Section G is the same as existing law. The latter part of it is meani 
not so much for the protection of the salmon as to prevent disputes 
between rival fishing companies. 

Mr. CusHMAN. That is the old law ? 

Mr. EvERMANN. Yes, sir. Section 7 simply changes the weekly 
open season from Saturday to Sunday. Two years ago, when the 
special salmon commission was appointed and Avent to Alaska to con- 
sider these questions the members of the commission interviewed 
the superintendents of the canneries in Alaska and the foremen, and 
there was not one who was not in favor of this change from Saturday 
to Sunday. Under the present law the Indians there are compelled 
to fish oil Sunday and are prohibited from fishing on Saturday. 
They have religious scruples, most of them, on the subject, and 



6 FISHERIES IN ALASKA. 

Father Duncan, manager of the Methikahthi Indian settlement, is 
very much in favor of this change ; and no one objects to it, so far as I 
know. 

There is one chmse in section 7 that is new. The old regulation re- 
quired the pot of the salmon trap to be closed during the wecJtly 
closed season. The result was that the fish w-ould lie alongside the 
leader and run into the trap so soon as the pot was opened. The pro- 
posed provision will require 100 feet of the leader next to the pot to 
be lifted, which will permit the salmon to pass on. 

Section 8 is a modification of existing law. It defines the size of 
the stream, lagoon, or channel in which fishing is permitted; and 
where doubt exists as to where the mouth of the stream really is, the 
agents place markers there which, for the purposes of this act, will 
indicate the mouth of a stream. There would be no objection on the 
part of companies. 

Section 9, so far as I now recall, is essentially the same as existing 
law. 

Section 10 is new. It is meant to prevent irresjDonsible canners 
from putting up decaying fish that might prove unwholesome. 

Section 11 is the same as an existing regulation. 

Section 12 is new. There has, in the past, been a practice more 
or less prevalent among some canning companies to place fictitious 
labels on the product or to furnish the product unlabeled to the 
jobber and let the jobber put on any label he pleased; and the result 
has been that a poor grade of goods has been labeled — for instance, 
" Choice Columbia Salmon." I have in mind one case Avhere inferior 
goods were labeled " Choice Hudson River Salmon " and " Spring 
Salmon." This section is meant to provide against that practice. 

Mr. Po AVERS. Do you think you have that drawn sufficiently strong? 
Do you think that will prevent it? It is an easy matter to send it 
in unmarked. In the State of Maine we have found that they would 
can sardines, and they were compelled to place labels on every single 
box, case, and package to state exactly what it is. I do not think 
this provision will prevent it. 

Mr. EvERMANN. The Department would have no objection to mak- 
ing section 12 stronger. 

Mr. Powers. It should be made stronger to have effect. 

The Chairman. 1 suggest that an amendment be framed to cover 
that. 

Mr. P^vermann. Such a bill was drawn two or three years ago, and, 
I think, introduced by Representative Humphrev, which covered it 
fully. 

Section 13 is the same as now existing in all essential features. The 
same is true of section 14. 

Section 15 simply provides that the Secretary of Commerce and 
Labor shall depute from his staff such force as may be adequate for 
the protection of the fisheries. 

Sections 16, IT, and 18, so far as I see, are similar to existing laws. 

In 1903, at the request of the President, the Commissioner of Fish 
and Fisheries appointed a special commission to go to Alaska to 
make a study of the conditions of the salmon fisheries. That com- 
mittee devoted the entire summer and fall of that year and some 
members of that committer ha^^^ devoted practically all the time since 



FISHERIES IN ALASKA. i 

to a study of certain phases of the sahnon question. That commis- 
sion made a report, which was published as House Document 477. 

The Chairman. In connection with what bill? 

Mr. EvERMANN. They made a special report to the Secretary of 
Commerce and Labor, which he transmitted to the President in Janu- 
ary, 1904. It was published as House Document 477. The pro- 
visions of Mr. Cushman's bill are based practically entirely on the 
recommendations of that salmon commission. 

Mr. Powers. Section 16 says " that any person violating the pro- 
visions of this act shall be punished by a fine not exceeding $1,000 or 
imprisonment for a term of ninety days." Naturally everyone en- 
gaged in fishing up there is a corporation, and there are very few in- 
dividuals. Do you mean by that provision that every employee of a 
corporation shall be fined that amount? 

Mr. Evermann. The legal phases of the matter I would refer to 
the Solicitor of the Department, Mr. Sims, who is here. 

Mr. Powers. You can not imprison a corporation. Does that mean 
that you shall take any employee who violates the law and who may 
be working for a corporation doing business there? I assume that 
three-fourths of the business is done by corporations. 

The Chairman. They largely employ Indians? 

Mr. Evermann. Individuals are employed by corporations, and 
many individuals fish independently and sell their fish to the com- 
panies. White men as well as Indians do this. 

Mr. Powers. Does that apply to the Indians doing fishing, or does 
it apply to the corporations? 

Mr. CusHMAN. It applies to everybody. 
, Mr. Evermann. I should think it would apply to everyone doing 
fishing there. 

Mr. Powers. To individuals as well as corporations? 

Mr. Evermann. Mr. Sims, the Solicitor, will be glad to give an in- 
terpretation of that clause. 

Mr. Powers. It would be hard on the Indian employees, but not 
sufficient for the corporation. A thousand dollars would not mean 
much to a corporation doing a large business. 

Mr. Evermann. The superintendents of the canneries can not in- 
dividually go and inspect the fishing, and unless some responsibility 
is thrown upon the individual nothing can be done. 

Mr. CusHMAN. I would like to have you hear a statement of Mr. 
Bowers, United States Fish Commissioner. 

STATEMENT OF ME. GEORGE M. BOWERS, COMMISSIONER OF 
FISH AND FISHERIES. 

Mr. CusHMAN. You are United States Commissioner of Fish and 
Fisheries ? 

Mr. Bowers. Yes, sir; under the Department of Commerce and 
Labor. 

Mr. CusHMAX. Would you make to the committee in your own 
way a brief statement in reference to the pending bill and any changes 
sought to be made thereby in existing law in reference to fishing in 
the waters of Alaska ? 



8 FISHERIES IN ALASKA. 

Mr. Bowers. I do not think I wish to say anything in addition to 
Avhat Mr. Evermann has ah-eady stated. ^ The Secretary's report, 
sent to the chairman of the Committee on Territories, gives the views 
of the Department on this subject. We are convinced that this bill, 
if passed, will bring about the condition int-ended by the regulations 
for the protection of the fisheries in Alaska. I have a copy of the 
Secretary's letter, which I will read. 

The letter was read, as follows : 

Department of Commerce and Labor, 

Office of the Secretary, 

Washington, February 6. 1906. 

Sir: I am in receipt of your letter of the .31st ultimo, transmitting a copy of 
the bill (H. R. 13543) "For the protection and regulation of the fisheries of 
Alaska," introduced by Hon. F. W. Cnshiiinn and referred to your committee. 

In reply to your request for a report, you are informed that sections :> to 18, 
inclusive, of the bill submitted by you are substantially the same as the draft 
of a bill prepared by this Department and heretofore submitted to Congress. 
Sections 1 and 2 of the bill now upder consideration include provisions for the 
payment of a tax. the issuance of a license, and the creation of a permanent 
"Alaskan fisheries fund," to be used under the direction of the Secretary of Com- ■ 
merce and Labor for the protection, regulation, investigation, and inspection of 
the Alaskan fisheries and hatcheries. 

In my opinion tlie provisions of the bill introduced by Mr. Cushman are 
exactly what is needed in the way of legislation for the protection and regula- 
tion of the fisheries of Alaska. For this reason the Department indorses the 
bill submitted, and urgently reconnnends its passage. 

In order to avoid confusion which may arise by virtue of the fact that the 
Department has heretofore been called upon to conunent upon a number of 
other bills on the same subject introduced at this session of Congress, I deem it 
advisable at this time to briefly review the situation and to make the following 
statements : 

The agitation occasioned by the encroachment of aliens u]ton the salmon fish- 
eries of Alaska last spring was followed by ;i general investigation of the whole 
subject of Alaskan fisheries by this Department, looking toward the more effi- 
cient protection and regulation of those interests. During the progress of this 
investigation the Department learned tliat the reconnuendations and suggested 
statutory changes contained in the report of the Alaskan Salmon Commission. 
under date of November 13, 1903, in document No. 477, Fifty-eighth Congress, 
second session, had not been acted upon. Accordingly, a committee consisting 
of Mr. George M. Bowers. Commissioner of Fisheries, as chairman. Dr. Barton 
W. Evermann, chief of the division of scientific inquiry, and Mr. Howard M. 
Kutchin, special agent of the P.ureau of Fisheries, was appointed to make a thor- 
ough investigation and report such reccnnmendations with reference to amending 
the law and existing regulations governing the fisheries of Alaslca as to them 
seemed desirable and necessary. 

Based upon the report of this conuuittee, a bill was prepsired by this De- 
partment which represents its ideas upon the subject. The bill, as drawn, 
amends and reenacts certain ])rovisioiis of existing lavvs with reference to the 
fisheries of Alaska ; contains a provision in addition thereto to prevent the im- 
pairment and exhaustion of these fisheries, with the object of placing them 
under a regular and permanent condition of production : provides that th^ 
fishing industry shall be subject to such rules and regulations as the Secretary 
of Commerce and Labor may deem necessary, and which he is authorized to 
make and establish ; provides that those persons returning fry to the waters 
shall be entitled to a certain exemption in the matter of tax ; provides a penalty 
for the wanton destruction of fish ; covers the making of reports on the products 
of Alaskan waters, and makes ample provision for the enforcement of the law 
and regulations. These provisions are all contained in the bill introduced by 
Mr, Cushman ( H, R. 1.3.543 ) . now under consideration. 

As before stated, a draft of this bill was submitted to the Speaker of the 
House of Representatives under date of .lanuary 18, 1006. Under date of 
January 6, 1906, the committee on fisheries of the Senate submitted to the 
Departinent. for conmient, a copy of the bill (S. 14.39) "To encourage private 
salmon hatcheries in Alaska." The Department replied to this communication 



FISHERIES IN ALASKA. 9 

under date of January 17. lOOG. submitting a draft of the bill prepared by it, 
"ivith the statement that it represented the ideas of the Department upon' the 
subject of the protection and regulation of the salmon fisheries. 

Without going further into detail as to this matter, it will perhaps be suffi- 
cient to state that the bill now submitted (H. K. K^,54H) not only completely 
embodies the ideas of the Department on this subject, but contains certain 
additional provisions which, in my opinion, are hghly desirable and should be 
enacted into law. 

Very respectfully. V. H. Metcalf. Sccretitri/. 

Hon. EuwARO L. Hamilton. 

Chairman Committee on Territories, House of Representatives. 

Mr. CusHMAN. Referring to section 1 of this bill (H. R. 13543), it 
provides for the procurement of a license before engaging- in the 
business. Now. this bill provides that the license shall be obtained 
by the man or the company running' a fish cannery, a fish saltery, or 
manufacturing fertilizer from fish product. There is no license 
required of the man or the company who merely catch fish. Also, 
the first section of this bill provides that those engaged in canning 
fish or salting fish or manufacturing fish fertilizer shall pay a certain 
tax on those products. The tax provided for in this bill is exactly 
the same tax as is now collected under existing law. This bill does 
not authorize the collection of any tax from the man who merely 
catches fish. Now. Mr. Bowers, are not these provisions exactly 
similar to existing law ( 

Mr. Bowers. They are similar to existing law. 

Mr. CusHMAN. Parties prosecuting these same industries in Alaska 
are now required to first obtain a license and afterwards to pay a tax? 

Mr. Bowers. Yes, sir: under existing law. You understand that 
in the absence of objection this bill stands as the yiew of the Depart- 
ment. We do not Avish to do anything antagonistic to the industry 
in Alaska, nor do we want legislation that might be detrimental to 
the canneries: still I think it was wise to give the representatives of 
the canneries an opportunity to be heard. I feel that when they 
come here it might be well to have some expert of the Department 
appear again or be present at the hearing. 

The Chairman. The committee will be glad to have some one from 
your Department appear. 

STATEMENT OF MR. EDWIN W. SIMS, SOLICITOR OF THE DEPART- 
MENT OF COMMERCE AND LABOR. 

The Chairman. You are the solicitor of the Department of Com- 
merce and Labor ? 

Mr. Sims. Yes, sir. 

The Chairman. There is one provision of this bill to which I want 
to call your attention, as solicitor and legal representative of the 
Department, and that is the feature of the bill which provides that 
the catching of fish shall be subject to such rules and regulations as 
the Secretary of Commerce and Labor may establish. 

Mr. Sims. That is section 3. 

The Chairman. I wish you would give us a little statement in ref- 
erence to that section and your interpretation of it. 

Mr. Sims. That section provides that the catching or killing, ex- 
cept with rod, spear, or gaff, of any fish of any kind or species what- 
soever in any of the waters of Alaska within 1 marine league of 



iO FISHERIES IlSr ALASKA. 

the shore shall be subject to such rules and regulations as the Secre- 
tary of Commerce and Labor may deem necessary, and which he is 
authorized to make and establish for the purpose of preventing the 
imjjairment or exhaustion of the fisheries, and for the purpose of 
placing them under a regular and permanent condition of production. 
In my judgment the authority granted to the Secretary of Commerce 
and Labor by existing law to establish and enforce regulations is 
wholly inadequate to meet existing conditions. Section 171) of title 
1 of the act of March 3, 1899,_ known as the "Alaskan Code," and 
which, so far as I am aware, is the only provision authorizing the 
Secretary of Commerce and Labor, or anyone else, to establish regu- 
lations with reference to Alaskan fisheries, limits the authority 
granted t"o regulations necessary to insure the enforcement of pro- 
visions of law relating exclusively to " the salmon fisheries of Alaska." 

The authority granted by section 3 of the bill under consideration 
is broad enough to enable the Secretary of Commerce and Labor to 
make regulations to protect and develop all the fisheries of Alaska. 
It is not limited to salmon. It is also broader in that it authorizes 
regulations which would be effective at any place wdiere fishing- 
operations are conducted within the 3-mile limit. Under existing 
law, regulations made by him are practically limited to fishing 
operations conducted upon the rivers and streams of Alaska. 

In my opinion, it is highly important that any law enacted contain 
a provision of the kind indicated. As the matter now stands, the 
Department is expressly directed by the act creating it to foster, 
promote, and develop the fisheries industry, without having authority 
to enact regulations to prevent or prohibit practices which are detri- 
mental to that industry. The authority here requested would have 
been of material assistance in enabling the Secretary of Commerce 
and Labor to prevent the encroachment of the Japanese upon the 
Alaskan salmon fisheries last year. I also have in mind another 
case where a lack of the authority in question placed the Department 
in an embarrassing position. The matter I refer to was the taking 
of fish in Alaska for fertilizer. Reports indicate that the Alaskan 
fisheries are developing rapidly and as they develop the conditions 
change. In view* of this fact it would, in my opinion, be impossible 
to draft a law which will cover all cases. For this reason the officer 
charged with the promotion and development of the fisheries, the 
Secretary of Commerce and Labor, should be vested with authority to 
enact such rules and regulations as the situation from time to time 
seems to require. 

The CiiAiRiNiAN. The Department drew that section with that idea 
in view? 

Mr. Sims. Yes, sir 

The Chairman. In relation to the prohibition of aliens fishing in 
American waters 

Mr. CusHMAN. That has not yet been reported by the committee. 
It was referred to a subcommittee, and is another bill. 

The Chairman. The Chair so understands. 

Mr. CusHMAN. It is a separate bill. 

The ChairjMax. This is broad authority to be vested in a depart- 
ment. 

Mr. CusHMAN. I was going to ask the Solicitor to give the com- 
mittee his views as to how far it goes — it not only gives the Secretary 



FISHEEIES IN ALASKA. 11 

authority to make regulations under existing laws, but to a certain 
extent goes further than that, and takes in matters not provided for in 
existing law. 

Mr. Sims. The section in question does no more than authorize the 
Secretary of Commerce and Labor to establish such regulations as 
may be necessary for the enforcement of the proposed law, and to 
establish regulations not inconsistent with law for the purpose of 
preventing the impairment or exhaustion of the fisheries. In the 
absence of a section of this kind there would be a want of authority 
to regulate the subject generally. For instance, this bill does not 
contain any express provision of law regulating or prohibiting the 
taking of fish for fertilizer. The right to take fish in Alaskan 
waters for fertilizer came up during the past year. It may come up 
again. Assuming that the business of taking fish for fertilizer is a 
business which should be permitted only under suitable regulations, 
there Avould. in the absence of this section, be no one with authority 
to establish regulations with reference to it. It is obvious that the 
power to regulate these important fisheries should be vested with 
some officer of the Government. The Department of Commerce and 
Labor is charged with the protection and development of these 
fisheries, and in my judgment that is where the power to enact 
general regulations should be lodged. As expressed in the organic 
act, the object of the Department is to foster, promote, and develop 
commerce, the fisheries inchistry, etc., and I believe that it will not do 
anything prejudicial to those interests. 

The CHAiR^tAX. Could we not put into the bill certain matters 
which it might be advisable to have controlled by legislation, specify- 
ing them, so as to restrict the power of the Dei^artment ? 

Mr. Sims. There is this to be said about that. No person knows 
what conditions will arise. The fisheries of Alaska are developing 
rapidly, and it is important that ]30wer be given to direct this devel- 
opment along proper lines by means of suitable regulations. 

Mr. Stanley. Would it not be possible to draw a general law 
Avhich would cover practically all conditions which no*w exist and 
submit it to this committee, and in that way we could set the i:)rece- 
clent of having law made by Congress and not elsewhere? Could not 
the evils you sug'gest be remedied by such legislation ? 

Mr. Sims. It is the belief of the Department that the bill now under 
consideration covers every contingency that has arisen up to this 
time. The purpose of section 3 is twofold. Under it the Secretary 
of Commerce and Labor has the authority to establish rules and regu- 
lations necessary to carry out its provisions. He al o has authority 
under it to establish rules to regulate emergency matters concerning 
which the law is silent. There would, so far as I am aware, be no 
occasion for exercising at this time the authority to regulate entirely 
new ^natters. I believe the bill contains provisions to regulate every 
matter which has arisen up to this time. The authority grant'Kl is 
not a great deal broader than that granted by existing law. Those 
provisions of the Alaskan Code to which I have referred authorize the 
Secretary of Commerce and Labor to establish regidations governing 
the taking of salmon on the rivers and streams of Alaska. The pro- 
visions of section 3 of this bill authorize the Secretary to establish 
regul-.^tions to govern the taking of all kinds of fish in any of the 



1*2 FISHEKIES IN ALASKA, 

Avaters of Alaska subject to the jurisdiction of the United States — 
that is, all those waters within the 3-mile limit. 

Mr. Stanley. In that case this committee would have to pass a 
blanket power giving the Secretary of that Department authority to 
define just what punishment might be required to make it etfective. 

Mr. Sims. This bill defines and fixes the punishment. 

Mr. Stanley. If a new contingency should arise which is not now 
in existence and which might do wrong to the interests of Alaska, 
or do injury to the fishing interests, you Avould have to defiue the 
offenses and also fix the punishment, would you not ? 

Mr. Sims. The regulations would define the ofi'ense. and the pro- 
posed law fixes a punishment for violating such regulations as may 
be established by the Secretary in pursu.auce of the autliority therein 
granted. 

The Chairman. This section provides for fishing by rod, spear, or 
gaff, and any species of fish whatever in the waters within the juris- 
diction shall be subject to such rules and regulations as the Secre- 
tary may deem necessary. It does not seem that that would be ob- 
jectionable, provided it would not work an impairment of the indus- 
try or an exhaustion of the fisheries. That might relate to future 
legislation in order to make it effective unless we have rules and 
regulations to provide for something not now existing. 

Mr. Stanley. There has been made, from time to time, decisions by 
the Commissioner of Internal Revenue and rules and regulations with 
incidental ])uuishment that has obscured the law. It is impossible 
now to tell what is contrary to law and what is contrary to the rules 
and regulations and the interpretations of the Department upon t\xe 
laws passed by Congress. I intend to take that subject before the 
Supreme Court and have adjusted the question of the validity of the 
law as to the Department making regulations on special subjects not 
authorized by Congress. I think the provisions of this act are 
dangerous r.nless you know exactly what penalty is to be imposed for 
each specific violation. That can be done when you know the condi- 
tions aiul when the conditions arise. 

Mr. Ki>EFPER. I hardly see wdiy you need to enact anything else 
except section 3, and leave the regulations to the Department. We 
can strike out all the rest of jt. I think that by careful reading you 
will see, aside from the methods pointed out, that under the reading 
of the section the entire regulation might be left to the Department, 

Mr. Stanley. Take the regulation of the Department, for instance, 
that tobacco in the leaf in less quantity than a case or bale is manu- 
factured tobacco and subject to taxation; and there are thousands of 
other rulings of the Department that have the force and effect of law 
and yet have never been considered by a committee nor authorized 
by Congress. It is leading to the abrogation by Congress of author- 
ity to make laws. It ought to be curbed as much as possible. I want 
to ask Mr. Sims if he thinks it is possible for the experts to point out 
|he evils noAv existing, or which are likely to arise, and then to draw 
a bill to prohibit not only the evils now existing, but certain practices 
that may arise from the conditions that exist there. 

Mr. SiiNis. I believe that the bill now under consideration by this 
committee is sufficient to coA'er all the conditions that have arisen up 
to this time. I can best demonstrate the necessity of vesting in the 
Secretary general authority to establish regulations to meet the con- 



FISHERIES IN ALASKA. 18 

vlitions as they arise by again callin«- your attention to two matters 
Avhich arose in the Department during the past year. For instance: 
In the early sj^ring the Department AA'as advised that several Japanese 
expeditions were being fitted out in Japan for the purpose of raiding 
the salmon fisheries of Alaska. The salmon packers and others who 
had also received this information petitioned the Dei)artment to take 
Fteps to prevent the threatened encroachment of the Japanese fisher- 
men. It developed upcm investigation, however, that the Secretary 
^'as not vested ^vith authority to establish rules or regulations which 
would prohibit the Jaj^anese from taking fish in Alaskan waters, nor 
could he in any way effectively prevent their operations. In this con- 
nection it may be proper in me to state that the Secretary requested 
and secured the services of a revenue cutter, which found the Japanese 
fit Attn Island. It appeared that ,the Japanese had observed no 
customs regulations, and the captain of the cutter ordered them to 
leave within twenty-four hours. This they did. 

Then a little later in the year the Department again found its 
hands tied when the question of its authority to regulate the taking 
of fish for fertilizer came u]). The bill under consideration is silent 
as to the matter of taking fish for fertilizer for the reason that this 
industry has api:)arently not yet reached that point where it is neces- 
sary to regulate it. If it develops later on, however, that the conduct 
of the fish-fertilizer business is injuring the valuable fisheries of 
Alaska, some one should have authority to establish regulations which 
will stop improjjer practices. Generally speaking, this section is no 
broader than similar provisions in other laws. The immigration hnv, 
the Chinese-exclusion law, and many other laws contain a provision 
authorizing the officer charged with their enforcement to make regu- 
lations necessary to effectively carry out their provisions, and the 
Supreme Court has sustained actions based upon regulations properly 
made under these laws. 

The Chairman. I would suggest that Mr. Cushman take the matter 
up and see how far we can limit the power that is desired to be given 
and still accomplish the purpose which is sought. 

]Mr. Cushman. I Avill be glad to do that and report to the committee 
at a future meeting. 

ISIr. Siais. INIr. Cushman suggests that I refer to the matter of 
licenses as covered in section 1 of the bill. The sum required to be 
paid for a license is the same as that now required to be paid by the 
Alaskan Code. The material difference between existing law and 
section 1 of the bill under consideration is that the bill provides that 
the money derived from the issuance of licenses shall constitute a 
permanent appropriation, to be knowni as the "Alaskan fisheries 
fund.'' It also amends existing law wath reference to the payment 
of a license fee by providing that any person, company, or corpora- 
tion maintaining a salmon hatchery and returning to the streams and 
waters fished by it red-salmon fry "shall be exempt from such portion 
of the tax as would be due on as many salmon or other fish as would 
be equal to one-tenth of the number of red-salmon fry returned to the 
w^aters. 

The Chairman. What about penalties? 

Mr. Sims. Section 16 provides that any person violating the pro- 
visions of the act or the regulations established in pursuance thereof 
shall, upon conviction, be punished by a fine not exceeding $1,000 or 



14 FISHERIES IN ALASKA. 

by impr.isoninent for a term of ninety days, or by both fine and im- 
prisonment at the discretion of the conrt. The section also provides 
that vessels, apparatns, or equipment used or employed in violating 
the act or regulations may be seized and forfeited. 

At the time this bill was under consideration in the Department it 
was understood that practically all the fishing in Alaska was done 
by individuals. The Indians and others have nets and other appa- 
ratus with which they take the fish. After the fish are taken by the 
individuals they are sold to the canneries, which, I assume, are oper- 
ated in most cases by corporations. The person or individual owning 
the cannery purchases from the Indians or others who catch the fish. 
Under tlie section, as now drawn, the person who laid the net or 
took the fish unlawfully would be subject to a fine and the apparatus 
used would be subject to seizure. I think, however, that the sug- 
gestion that corjjorations should be expressly included in this section 
is a good one. In my judgment the section should be amended so as 
to include " person or corporation." 

STATEMENT OF MR. HOWARD M. KUTCHIN, SPECIAL AGENT OF 
THE DEPARTMENT OF COMMERCE AND LABOR, ALASKAN 
SALMON FISHERIES. 

Mr. CusHMAN. AYill you make a brief statement to the committee 
in relation to the general subject of salmon fisheries in Alaska with 
reference to the proposed change that this bill would make in the 
existing law ? 

Mr. KuTCHiN. The subject has been gone over so thoroughly by 
gentlemen who have preceded me that it leaves me very little to say. 
In relation to section 3, which has been discussed, I want to make 
this comment : That existing law, as you will see by reference to it, 
gives jurisdiction simply over rivers, streams, and channels of 
Alaskan waters. 

The great bulk of fishing for salmon is done upon the sea beaches or 
in the bays and in contiguous waters. Very little fishing is done in 
the rivers of southeastern Alaska, which contains mostly small 
streams. In central Alaska and Bering Sea the streams are large 
and much of the fishing is done in the streams. As a matter of fact, 
existing law as it applies to southeastern Alaska is inoperative for 
the reason stated. Section 3 amplifies existing law^ by covering all 
waters where fishing is done, and aside from the question debated in 
regard to the abrogation by Congress of its authority, the effect 
sought to be gained is very important and is one of the salient features 
in this bill. If the language of the bill is objected to, strike out that 
provision and define the intent so that it shall be within the scope of 
the laAv. It is very important that the object of that section should 
be made quite specific and its enforcement unquestionable. 

Mr. Stanley. I agree with you entirely in that. You have knowl- 
edge of the conditions that exist and of the abuses of the fishing priv- 
ileges in Alaska? 

Mr. KuTCHiN. I have a good knowledge of that, I think. 

Mr. Stanley. Don't you think it is possible for a gentleman like 
yourself to go carefully over the abuses that now exist, either in vio- 
lation of existing law or such abuses that should be prohibited by 



FISHERIES IN ALASKA. 15 

enactment for this puri)ose, in siicli a way at the present time as to 
protect the fisheries of Ahiska ? 

Mr. KuTCHiN. I thoroughly believe that. 

Mr. Stanley. If that can ha done, and I am sure it can be, do you 
believe that there is any danger of injury being done that would 
escape the regulations of the Department? 

Mr. KuTciiiN. I think not. I can say in reference to that that 
under existing law certain regulations were prescribed by persons 
familiar with the situation. I think I have here a paper which gives 
the law and the regulations. 

The Chairman. Does your })amphlot give the present law ? 

Mr. Kftchin. It is a circular for the information of persons con- 
nected with the fisheries. 

The Chairman. Does it give the present law ? 

Mr. KuTCHiN. Yes ; except one or two clauses which do not apply. 
It gives the restriction law and all the regulations. 

The Chairjian. Could not you incorporate the section referred to, 
so as to make it complete, and put it in your remarks? 

Mr. KuTCHiN. I could. The law will be found in the criminal code 
of Alaska, except that one section has been changed. 

The Chairman. The reason I make that suggestion is that mem- 
bers of the committee and members of the House, Avhen the matter 
comes up, would like to have it readily accessible. 

Mr. Kutchin. I can not give it to you from memory, but I can 
incorporate in my remarks the circular which gives the entire law, 
the clause in relation to the enforcement of the law, and the penalty 
for violations. 

The Chairman. Let Mr. Cushmnn incorporate that in his examina- 
tion of the subject. 

Mr. Kutchin. I will furnish that later. 

[The circular mentioned is herewith given in full, together with 
the omitted section (Xo. 182) alluded to:] 

[1902. Department circular No. 8. Division of Special Agents.] 
LAW AND REGULATIONS FOR PROTECTION OF SALMON FISHERIES OF ALASKA. 

Treasury Department. 
Office of the Secretary. 
Washington. D. C, Jannanj 21,, 1902. 
The law relnting to the snhiioii fisheries of Alaska, and the reffulations there- 
umler, promulgated on February 18. 11)0] . with modifications, are inil)lished for 
the information of all concerned. 



Cliapter twelve of the act of March 3. ISflit. entitled "An act to define and 
punish crimes in the district of Alaska and to provide a code of criminal pro- 
cedure for said district." reads in part as follows, viz : 

Sec. 179. That the erection of dams, barricades, fish wheels, fences, or any 
such fixed or stationary obstructions in any part of the rivers or streams of 
Alaska, or to fish for or catch salmon or salmon trout in any manner or by any 
means,' with the purpose or result of preventing or impeding the ascent of 
salmon to their spawning ground, is hereby declared to be unlawful, and the 
Secretary of the Treasury is hereby authorized and directed to remove such 
obstructions and to establish and enforce such regulations and surveillance as 
may be necessary to insure that this prohibition and all other provisions of law 
relating to the salmon fisheries of Alaska are strictly complied with: 



16 FISHERIES IN ALASKA. 

Sec. 180. That it shall be unlawful to fish, catch, or kill any salmon of. any 
variety except with rod or spear above the tide waters of any creeks or rivers 
of less than five hundred feet width in the Territory of Alaslca, except only for 
purposes of propagation, or to lay or set any drift net. set net, trap, pound net, 
or seine for any purpose across the tide waters of any river or stream for a 
distance of more than one-third of the width of such river, stream, or channel, 
or lay or set any seine or net within one hundred yards of any other net or 
seine which is being laid or set in said stream or channel, or to take, kill, or 
fish for salmon in any manner, or by any means, in any of the waters of the 
Territory of Alaska, either in the streams or tide waters, except Cook Inlet. 
Prince William Sound, Bering Sea, and the waters tributary thereto, from mid- 
night on Friday of each weelv until six o'clock antemeridian of the Sunday fol- 
lowing; or to fish for or catch, or kill in any manner, or by any appliances 
except by rod or spear, any salmon in any stream of less than one hundred yai'ds 
in width in the said Territory of Alaslia between the hours of six o'clock in the 
evening and six o'clock in the morning of the following day of each and every 
day of the week. 

Sec. 181. That the Secretary of the Treasury may. at his discretion, set aside 
any streams as spawning grounds, in which no fishing will be permitted ; and 
when, in his judgment, the results of fishing operations on any stream indicate 
that the nimiber of salmon taken is larger than the capacity of the sti-eam to 
produce, he is authorized to establish weekly close seasons, to limit the duration 
of the fishing season, or to prohibit fishing entirely for one year or more, so as 
to permit salmon to increase: Provided, hoicercr, That such power shall be 
exercised only after all persons interested shall have been given a hearing, of 
which hearing due notice must be given by publication : And provided further. 
That it shall have been ascertained that the persons engaged in catching salmon 
do not maintain fish hatcheries of sufticient magnitude to keep such streams 
fully stocked. 

Sec 182. That to enforce the provisions of law herein and such regulations 
as the Secretary of the Treasury may establish in pursuance thereof he is 
authorized and directed to appoint one inspector of fisheries, at a salary of one 
thousand eight hundred dollars per annum, and two assistant inspectors, at a 
salary of one thousand six hunclred dollars each per annum ; and he will an- 
nually submit to Congress estimates to cover the salaries and actual traveling 
expenses of the officers hereby authorized and for such other expenditures as 
may be necessary to carry out the provisions of law herein. 

Sec 183. That any person violating the provisions of sections one hundred 
and seventy-nine, one hundred and eighty, and one hundred and eighty-one of 
this act or the regulations established in pursuance of section one hundred and 
eighty-two of this act shall, upon conviction thereof, be punished I)y a fine not 
exceeding one thousand dollars or imprisonment at hard labor for a term not 
exceeding ninety days, or both such fine and imprisonment, at the discretion of 
the court ; and further, in case of the violation of any of the provisions of sec- 
tion one hundred and seventy-nine, and conviction thereof, a further fine of 
two hundred .and fifty dollars per diem will be imposed for each day that the 
obstruction or obstructions therein are maintained. 

EEOrLATION.S. 

1. The provisions of this act are applicable to all the territorial waters of 
Alaska, including tide waters, lagoons, bays, coves, straits, inlets, bayous, rivers, 
streams, and the beach approaches to the same. 

2. Traps, whether "fixed or stationary obstructions" (built of piles and 
webbing), or constructed of webbing and floats and susceptible to removal from 
place to place, are declared to be obstructions which " impede the ascent of 
salmon to their spawning grounds " and their use is hereby forbidden, except 
that such traps extending across the tide waters of any river, stream, or channel 
not more than one-third of the width of such river, stream, or channel may be 
so used as provided in section 180 of said act : Provided, That such traps shall 
be open so as to allow the unobstructed passage of fish through the same from 
midnight on Friday of each week until G o'clock antemeridian of the Sunday 
following, as is prescribed in section 180 of said act. 

8. It is forbidden to lay any seine, gill, or other net within 100 yards of the 
mouth on either side, or immediately abreast of the mouth, of any river or 
stream whereby the setting or hauling of the said seine, gill, or other net, it 
may drift wholly or partially across and operate to close the mouth of said 
river or stream. 



FISHERIES IN ALASKA. l7 

4. The wanton destruction of salmon is dec-laretl to be unlawful. Whoever is 
guilty thereof is hereby declared to be subject to the pelialties provided for 
specific violations of the act referred to. 

5. All persons, companies, or corporations ensiaged in salmon packing, salt- 
ing, or smoking, in the district of Alaska, shall make detailed annual reports of 
such business, upon forms furnished by this Department, to the agent of the 
Treasury for the protection of the salmon tisheries, covering all such facts as 
may be required for the information of the Department. Such reports shall be 
sworn to by the superintendent, manager, or other person having knowledge of 
the facts, a separate blank form being used for each establishment in cases 
where more than one cannery or saltery is conducted by a iierson. comi)any, or 
corporation: and the same shall be filed with the said agent at the close of the 
fishing season, and not later than November first. 

6. During the period of inspection of the salmon fisheries by the special agent 
of this Department the ]:>erson in charge of each fishery visited shall furnish 
the said agent with such information regarding the run of fish, the ])ack se- 
cured, the probable results of the season's ,work, and such other facts as may be 
required to afford him a basis for an intelligent preliminary report of the year's 
business and the state of the fisheries. 

7. Each person, company, or corporation taking salmon in Alaskan waters 
shall establish and conduct, at or near the fisheries operated by him or them, 
a suitable artificial propagating plant or hatchery ; and shall produce yearly 
and place in the natural spawning waters of each fishery so operated red sal- 
mon fry in such numbers as shall be equal to at least ten times the number of 
salmon of all varieties taken from the said fisheries, by or for him or them, 
during the i>receding fishing season. The management and operation of such 
hatcheries shall be subject to such rules and regulations as may hereafter be 
prescribed by the Secretary of the Treasury. They shall be open to inspection 
by the authorized official of this Department ; annual reports shall be made 
giving full particulars of the number of male and female salmon stripped, the 
number of eggs treated, the number and percentage of fish hatched, and all 
other conditions of interest. And there shall be made a sworn yearly state- 
ment of the number of fry planted and the exact location where said planting 
was done. 

L. J. Gage, Secretary. 

Note. — Section 182 is omitted from the circular embodying the law and regu- 
lations for the protection of the salmon fisheries of Alaska, to which reference 
was made. This provision was changed in an amendment to the sundry civil ap- 
propriation act of 1897-98, which enacted that in lieu of an inspector and two 
assistant inspectors " there shall be apjiointed by the President, by and with the 
advice and consent of the Senate, one agent, at a salary of two thousand five 
hundred dollars per annum, and an assistant agent, at a salary of two thousand 
dollars per annum." 

The latter act is now in force. Section 15 of H. R. bill No. 13543 takes the 
place of section 182 as amended. 

Mr. KuTCHiN. In regard to this it illustrates the case just adverted 
to. We have a set of regulations, and while we recognize the fact 
that some of those regidations transcend the letter of the law, they 
were made as sweeping as possible in order to attempt to bulldoze, so 
to speak, those outside of the purview of the precise Avording of the 
law. The whole question of the establishment and location of hatch- 
eries is not mentioned in the law, but is in the regulations, and I sus- 
pect that anybody who contested it could frustrate the efforts of the 
Government in the enforcement of such a regulation. The regula- 
tions also define the waters of Alaska and attempt to establish juris- 
diction over them. The law says, " the rivers, streams, and channels.-' 
The regulations cover all the waters and the bays, lagoons, rivers, and 
beach approaches to the same. 

The CHAiRiNrAK. Does this bill which we have before us cover suf- 
ftciently the waters intended to be covered ? 

Mr. KuTCHix. Section 3 does. It says anj^ waters within the juris- 
cliction of the United States within 1 marine league of coast, bays, 

F A— 06 >i 2 



18 FISHERIES IN ALASKA. 

etc. It covers all waters within the jurisdiction of the United States. 
That is the salient point of that clause. 

Mr. Lloyd. Suppose that the committee should say, after the word 
'• sixty-seven," " is hereby i^rohibited, except as in this act provided." 

Mr. KuTCHiN. I think it ought to be made as distinct as possible. 

Mr. Lix)YD. To make prohibitive the catching of fish except as in 
this bill provided. 

Mr. Klepper. About what percentage of fishing is done within a 
marine league? 

Mr. KuTciiix. The salmon fishing is all done within the 1-league 
limit. 

Mr. Kleppek. Under the terms of section 8 it is properly left to 
the regulations of the Secretary of Commerce and Labor. 

Mr. KiTTCHiN. I would favor it being made so by law. 

Mr. Ijtanley. The fishing is done by corporations? 

Mr. KuTCHiN. Largely. 

Mr. Stanley. Are they incorporated in the United States? 

Mr. KiJTCHiN. I think they are mostly. 

Mr. Stanley. Then I think it would be well to say all corporations 
so engaged should be incorporated in the States, anct is it necessary to 
state in their articles of incorporation the extent of their business? 

Mr. KuTCHiN. I recall the fact that there are two or three com- 
panies not incorporated in the United States. They should be 
brought under the antialien act. That act should be made to cover 
those people. I knoAv persons from British Columbia are packing 
salmon in Alaska. 

The C'HAiRarAN. Does the antialien act reach them? 

Mr. KiTTCHix. They defeat the scope of that proposed act by hav- 
ing the canneries held by some xVmerican citizen, but of course they 
have to comply with the immigration laws. They can not take in 
alien fishermen. 

Mr. HiGGiNS. Do I understand you to say that the corporations are 
incorporated in the United States? 

Mr. Klttchin. Yes; with the exceptions noted. 

Mr. HiGGiNS. Are they incorporated under the law and get licenses ? 

Mr. KiTTCHiN. They are incorporated under the laws of the States, 
wath the exceptions noted. Some years ago I recommended to the 
Department that licenses be required of all persons engaged in fish- 
ing in Alaska. This law should apply, and the location should be 
stated, so that the Department could have a tab on them. There is 
no record of them now, except when an official goes up there and finds 
them. At first I did not know wdiere any of the salmon-packing 
plants were located. There are about sixty there now, and it is de- 
sirable that a law should require them to go on record in advance of 
location. In reference to the penalty for violation of the law, I 
would make it clearer than has been done in this bill. 

In regard to covering corporations and exempting individuals, I 
would say that fully 90 per cent of all fish taken in Alaska are taken 
by persons doing piecework. Only about a dozen individuals are 
canning or salting salmon on their own behalf. The great bulk of 
the business is done by corporations, and the corjiorations employ 
fishermen and jDay them by the piece, and they also furnish boats and 
gear to the Indians. The Indians and others catch the fish and get 



FISHERIES IN ALASKA. 19 

SO much per hundred for them. It is all-important that every indi- 
vidual who fishes should be included, and also every corporation. 
Sometimes the law may be violated and the violation encouraged by 
corporations, but more frequently they have no knowledge of it. In 
every case which I have reported I have reported against corpora- 
tions as well as individuals. 

Mr. SuLZER. Don't you think that this proposed law should con- 
tain a provision that native Indians may at all times take sufficient 
fish for the use of their families ? 

Mr. KuTCHiN. I think that the bill does that. I think that cor- 
porations should be encouraged in the propagation of salmon. I 
think that ought to be in the bill. 

Mr. CusHMAN. It is specifically provided for in the antialien bill. 

Mr. SuLZER. It ought to be provided for in this bill. 

Mr. KuTCHiN. I do not think I have any further remarks to offer 
on the subject. 

o 



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